9911796707
TMI Blog2002 (12) TMI 65X X X X Extracts X X X X X X X X Extracts X X X X ..... ent of acquittals rendered by the trial court in the relevant criminal cases against the respective accused-respondents. - - - - - Dated:- 17-12-2002 - Judge(s) : S. B. SAKRIKAR. JUDGMENT S.B. SAKRIKAR J.-This judgment shall govern the disposal of the aforesaid appeals. In the aforesaid appeals, a common question of law is involved, as such, they have been heard together and being disposed of by the common judgment. The appellant-Union of India has directed the aforesaid appeals against the judgments dated June 25, 1992, and December 22, 1992, rendered by the ACJM (Economic Offences), Indore, respectively, in Criminal Case No. 95 of 1988 and Criminal Case No. 60 of 1990, whereby the learned magistrate acquitted the accused-respond ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... w laid down by the apex court in the case of Kolhapur Cane Sugar Works Ltd. v. Union of India, AIR 2000 SC 811 and the decision of this court in the case of Parmanand Das Brij Bhushan Das v. Union of India [2001] 249 ITR 328 (common order dated February 14, 2001, in Criminal Revision No. 528 of 1997 and other connected matters) It is not in dispute in both the cases that the date of the alleged offence was prior to the coming into force of the Direct Tax Laws (Amendment) Act, 1987. But the prosecution against the respective respondents was instituted after the coming into force of the aforesaid Act. As such, the prosecution for the alleged offences cannot be instituted or continued, on coming into force of the aforesaid Amendment Act of 1 ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ency is introduced without a saving clause in favour of pending proceedings then it can be reasonably inferred that the intention of the Legislature is that the pending proceedings shall not continue but a fresh proceeding for the same purpose may be initiated under the new provision." In the Amendment Act of 1987, also there was no saving clause inserted for the pending proceedings. That being so, in the light of the decision of the apex court, the pending proceedings against the accused-respondents cannot continue under the repealed provisions, but a fresh proceeding for imposition of penalty may be initiated under the new provision, i.e., section 271E of the Income-tax Act. In view of the aforesaid legal position, no grounds are made ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
